The Board of Supervisors shall appoint the Zoning Officer who shall administer and enforce the provisions of this chapter, and shall do so in accordance with the provisions of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Zoning Officer shall literally interpret and enforce all the provisions of this chapter and shall have such duties and powers as are conferred on him/her by this chapter and are reasonably implied for that purpose.
A. 
Applications, zoning certificates, building permits and inspections in accordance with the provisions of this chapter.
B. 
Inspection. The Zoning Officer may examine, or cause to be examined, all structures and/or land for which an application has been filed for a zoning certificate, and he/she may conduct such inspections from time to time, during and at completion of the work for which a zoning certificate has been issued.
C. 
Nonconforming uses. The Zoning Officer shall keep an up-to-date list of all nonconforming uses.
A. 
Until the Zoning Officer has issued a zoning certificate applicable thereto, no person shall:
(1) 
Occupy or use any vacant land.
(2) 
Occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged.
(3) 
Change the use of a structure or land to a different use.
(4) 
Change or alter a nonconforming use.
B. 
Expiration of the zoning certificate. The zoning certificate/building permit shall expire six months from the date of its issuance.
C. 
Application fees. Each applicant for a zoning certificate/building permit shall present with the application a plan of the property showing, clearly and completely, the location, dimensions and nature of any structure involved and any other information the Zoning Officer may require so as to comply with this chapter, together with a filing fee in accordance with the schedule of same.
D. 
Records. The Zoning Officer shall maintain a permanent file of all zoning certificates/building permits and applications as public record.
Each applicant for a zoning certificate/building permit shall also apply for an occupancy permit, together with a filing fee in accordance with the schedule.
A. 
When it appears to the Township and/or the Zoning Officer that a violation has occurred, the Zoning Officer shall send an enforcement notice. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding the parcel, and to any other person requested in writing by the owner of record. The enforcement notice shall state the following:
(1) 
The name of the owner of record and any other person against whom the Township intends to take action.
(2) 
The location of the property in violation.
(3) 
The specific violation with a description of the requirements which have not been met, citing, in each instance, the applicable provisions of the chapter.
(4) 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5) 
That the recipient of the notice has the right to appeal to the ZHB within a prescribed period of time in accordance with procedures set forth in this chapter.
(6) 
That failure to comply with the notice within the time specified, unless extended by appeal to the ZHB, constitutes a violation.
(7) 
In any appeal of an enforcement notice to the ZHB, the municipality shall have the responsibility of presenting its evidence first.
(8) 
Any filing fees paid by a party to appeal an enforcement notice to the ZHB shall be returned to the appealing party by the municipality if the ZHB, or any court in a subsequent appeal, rules in the appealing party's favor.
B. 
In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Township, the Zoning Officer of the Township, or any aggrieved owner or tenant of real property who shows that his/her property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors of the Township of Kilbuck. No such action may be maintained until such notice has been given.
C. 
District Justices shall have initial jurisdiction over proceedings brought under this section.
D. 
Any person or the partners, owners, managers or members of any partnership or corporation who or which has violated or permitted violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township of Kilbuck, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to Kilbuck Township.
E. 
The appropriate percentage of the fines levied for violation of this chapter shall be paid over to the Township.
F. 
Nothing contained in this section shall be construed or interpreted to grant any person or entity other than the Township, its Solicitor, its Code Enforcement Officer, or its Zoning Officer the right to initiate or prosecute any action for enforcement pursuant to this section.
The procedure and time limitations for appeal from any ordinance, decision, determination, or order of the Board of Supervisors, Zoning Officer, ZHB, or other applicable agency or officer of the municipality, in the enactment of administration of this chapter, shall be in conformance with the provisions of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.